Information on Child Tax Benefit..Mother temporarily out of Status

[Mickaiah]

Hi everyone,

I would like to ask help from those who had experience from Revenue Canada cutting back their child's tax benefit.
Situation is: I wasn't able to apply immediately for renewal of open work permit due to the release of my passport from the consulate. I received my passport 3 weeks after my work permit expired May. Immediately, I applied for renewal of open work permit. I waited for the processing time but to no avail till I decided to call the CIC. They told me, I have to wait since the maximum wait time is 4 mos.,but from the website, it says, 29 days. After almost 2 mos of waiting, I received an email saying I have to renew my work permit, fax my application and so on since it was long overdue expired. I was surprised because I already sent my application June. I called them again explaining and so they said they didn't receive any. Upon faxing all the application requirement including the proof that I submitted last June, 4 days after, I received my new open work permit.
Since June, the CRA cut my child's benefit. Upon receiving my permit I mailed to the CRA immediately last August before the 20th (schedule of payment for CCTB) hoping they could give me the retroactive payments from June till September but again, checking my CRA account, the start of the payment again is October. What happens now to the previous months? even if they will not give the june and July but the august and september that I already have my valid permit issued July 30.
Can someone give me idea to deal with the CRA about this matter? Thank you very much.

 

[sandra02]

Did you fill out a new CTB application again? You are able to get CTB backwards 11 months. I am in a same situation, my visa expired on 31 of August, i am waiting for the new work permit, revenue canada did cut the benefit. I will start a new application process when I will get the work permit and I apply backwards.

 

[Mickaiah]

No I did not. They didn't tell me to do that when I called them and it is my first time to hear about re-submitting an application.

 

[fkl]

The procedure does exist to claim outstanding child benefit for as long as prior 11 months.

However, i am not sure CRA would consider that in this case. The point is that you have to PROVE your status was valid during this time frame.

i.e. for the two months you indicated, you were still under implied status or not.

Your description wasn't very clear. Did you apply for wp extension before expiry of current wp or not? Were you under implied status or not. That would be the criteria of whether you can get child benefit for that time frame or not IMHO. What ever was the reason, passport expiry et al, CRA won't consider any.

 

[Mickaiah]

I applied after my WP expired because of the passport. So I am not considered implied status. My new work permit that I just received was valid July 30.
If the Cic didn't misplace my file, maybe I had received my work permit earlier than July 30. The issue with the CIc is beyond my control.

 

[fkl]

I applied after my WP expired because of the passport. So I am not considered implied status. My new work permit that I just received was valid July 30.
If the Cic didn't misplace my file, maybe I had received my work permit earlier than July 30. The issue with the CIc is beyond my control.

I understand that. So from the legal standing point of view, you were out of status the day your wp expired and for whatever reasons it was delayed, you aren't considered under valid status until the issuance date of your new wp.

Obviously for what ever delays CIC caused, they are not going to reissue a work permit with older dates.

So from what i understand (though it is not good news for you) there is no way CRA could / would address that. Even if they want to, they do not have a legal document that they can use to put your status as legal during that time frame (i.e. between expiry of older permit and july 30).

 

[redd23]

I applied after my WP expired because of the passport. So I am not considered implied status. My new work permit that I just received was valid July 30.
If the Cic didn't misplace my file, maybe I had received my work permit earlier than July 30. The issue with the CIc is beyond my control.

How did you get your work permit in 4 days?
Did you ask them to expedite it on the phone? I did online application for renewing open wp in June and am still waiting.

 

[fkl]

How did you get your work permit in 4 days?
Did you ask them to expedite it on the phone? I did online application for renewing open wp in June and am still waiting.

Don't know how he did it, but generally speaking under some conditions you can go to border and get a work permit.